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2026 DAILYLAW 5412 (ALL)

MOHAMMAD IMRAN AND 32 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIA/13990/2026 · 2026-09-07

Manju Rani Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13990 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondent, Mr. Bansh Gopal Mishra, Advocate holding brief of Mr. Akhilesh Kumar Sharma, learned counsel for the respondent-BSA and perused the record. The present writ petition has been filed inter-alia for the following reliefs:- "(i) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Respondents authority to pay the salary to the petitioners for the post of Headmaster/Headmistress and in pay arrears since they are working Headmaster/In- charge Headmistress within stipulated period so fixed by this Hon'ble Court. (ii) Issue, a writ order or direction in the native of Mandamus Commanding and directing the respondent authorities to take decision on the representation of petitioners which is with regard to payment of salary for the post of Headmaster, in light of judgment and urder dated 30.4.2025 passed by this Hon'ble Court in Special Appeal No.652 of 2024 (Secretary, U.P. Basic Education Board and 2 others vs. Tripurari Dubey and 3 others). (iii) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iv) Award the cost of this writ petition to the petitioners." Learned counsel for the petitioners submits that the petitioners, who are 33 in number, are working as In-charge Headmasters. In view of the Government Order dated 16.07.2026, (the date of the G.O. has wrongly been mentioned as 16.07.2025), the petitioners are entitled to salary as Versus Counsel for Petitioner(s) : Vivek Kumar Tiwari Counsel for Respondent(s) : Akhilesh Kumar Sharma, C.S.C. Mohammad Imran And 32 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) well as arrears of salary. It is further submitted that the petitioners have submitted several representations before the competent authority for redressal of their grievance, but no decision has been taken thereon till date. Therefore, a direction may be issued to the respondent no.3 to decide the same. Learned counsel for the respondents submits that in case petitioners move a fresh representations before the competent authority, the same shall be considered and decided in accordance with law. Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioners, the present writ petition is disposed of by providing that the petitioners may make fresh application/representations, ventilating all their grievances, supported by such documents, as may be advised, before the respondent no.4; District Basic Education Officer, District- Varanasi, within three weeks from today along with a certified copy of this order. On such representation being made, respondent no.3 shall make all endeavours to consider and decide the same, strictly in accordance with law, keeping in mind the directions issued in the aforesaid Government Order, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of two months from the date of production of certified copy of this order, if there is no legal impediment. September 8, 2026 Jitendra/- WRIA No. 13990 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad